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Professional Services Agreement between H.O.P.E In Miami Dade, Inc. 0-2 0 • PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND H.O.P.E. IN MIAMI DADE, INC. This Professional Services Agreement ("Agreement") is entered into this 19 day of Sa-p 7 , 2020 ("Effective Date"), between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 (the "City"), and H.O.P.E. IN MIAMI DADE, INC., a Florida not for profit corporation, whose address is 50 Biscayne Blvd #1806 Miami, FL 33132(the'Contractor"). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Contractor, including any exhibits and amendments thereto. City Manager. The chief administrative officer of the City. City Manager's Designee: The City staff member who is designated by the City Manager to administer this Agreement on behalf of the City. The City Manager's designee shall be the Office of Housing and Community Services Department Director. or shall be Contractor For independent contractor, anhe purposes of this d not ant agent or employee of deemed to be an P Services: All services, work and actions by the Contractor performed or undertaken pursuant to the Agreement. Fee: Amount paid to the Contractor as compensation for Services. Proposal Documents: Proposal Documents shall mean City of Miami Beach COVID-19 Rent _ and Utility Assistance Program for residence adversely affected by COVIO-19. together with all amendments'thereto, issued by the City in contemplation of this Agreement. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305) 673-7000, Ext. 6435; and fax number(305)673-7023. 1 SECTION 2 SCOPE OF SERVICES 2.1 In consideration of the Fee to be paid to Contractor by the City, Contractor shall provide the work and services in connection with the delivery of Rent and Utility Assistance to qualified Miami Beach households, as more particularly described in Exhibit A hereto (the "Services"), based upon the Budget, incorporated herein by reference and attached hereto as Exhibit B. Although Contractor may be provided with a schedule of the available hours to provide its Services, the City shall not control nor have the right to control the hours of the Services performed by the Contractor; where the Services are performed (although the City will provide Contractor with the appropriate location to perform the Services); when the Services are performed, including how many days a week the Services are performed; how the Services are performed, or any other aspect of the actual manner and means of accomplishing the Services provided. Notwithstanding the foregoing, all Services provided by the Contractor shall be performed in accordance with the terms and conditions set forth in Exhibit "A" and to the reasonable satisfaction of the City Manager. If there are any questions regarding the Services to be performed, Contractor should contact the following person: Maria L. Ruiz Office of Housing and Community Services 1700 Convention Center Drive, Miami Beach, Florida 33139 305-673-7491 2.2 Contractor's Services, and any deliverables incident thereto, shall be completed in accordance with the timeline and/or schedule in Exhibit A hereto. SECTION 3 TERM The term of this Agreement ('Term") shall commence upon execution of this Agreement by all parties hereto (the Effective Date set forth on p. 1 hereof) and shall have an initial term ending December 30, 2020. This Agreement shall be extended upon mutual agreement of both parties for an additional 30-day term. Notwithstanding the Term provided herein, Contractor shall adhere to any specific timelines. schedules, dates, and/or performance milestones for completion and delivery of the Services, as same is/are set forth in the timeline and/or schedule referenced in Exhibit A hereto. SECTION 4 FEE 4.1 In consideration of the Services to be provided, Contractor shall be reimbursed for the Administration of the Services, through payroll or staffing reimbursements, directly related to the delivery of Services under this Agreement ("Administration Reimbursements"), for a total sum not to exceed $33,000.00 during the Term. The City shall pay Contractor for these 2 IJUUU iyn Cr!mope ru.u'+oril..'w-auou-4 t I-a.Jo-ou'+'.I4. DUUutu Administration Reimbursements pursuant to the reimbursement procedures set forth in Exhibit A. 4.4 INVOICING Upon receipt of an acceptable and approved invoice, payment(s) shall be made within ten (10) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description of the Services (or portions thereof) provided, and shall be submitted to the City at the following address: Maria L. Ruiz Office of Housing and Community Services 1700 Convention Center Drive, Miami Beach, Florida 33139 305-673-7491 SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the Contractor shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause. the City shall notify the Contractor of its violation of the particular term(s) of this Agreement, and shall grant Contractor ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to Contractor. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Contractor. The City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's rights and remedies against Contractor. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONTRACTOR OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF SUCH NOTICE. ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR • 3 uocu Ign envelope lu:u4tsr/1,44-auou-4W%I- ssts-CSu4VHtouuuLu • WRITTEN NOTIFICATION TO CONTRACTOR, MAY IMMEDIATELY SUSPEND THE SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONTRACTOR SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. SECTION 6 • INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Contractor agrees to indemnify, defend and hold harmless the City of Miami Beach and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, its officers, employees, agents, contractors, or any other person or entity acting under Contractor's control or supervision, in connection with, related to, or as a result of the Contractor's performance of the Services pursuant to this Agreement. To that extent, the Contractor shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Contractor shall in no way limit the Contractor's responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The parties agree that one percent (1%) of the total compensation to Contractor for performance of the Services under this Agreement is the specific consideration from the City to the Contractor for the Contractor's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS The Contractor shall maintain and carry in full force during the Term, the following insurance: 1. Contractor General Liability, in the amount of$1,000,000; 2. Contractor Professional Liability, in the amount of$200,000; and 3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes. 4 uocu ign tnvelope tu:u'or- 1.44-wou-4arvi- 3ots-bu4VflCouuuzu The insurance must be furnished by insurance companies authorized to do business in the State of Florida. All insurance policies must be issued by companies rated no fess than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All of Contractor's certificates shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. The insurance certificates for General Liability shalt include the City as an additional insured and shall contain a waiver of subrogation endorsement. Original certificates of insurance must be submitted to the City's Risk Manager for approval (prior to any work and/or services commencing) and will be kept on file in the Office of the Risk Manager. The City shall have the right to obtain from the Contractor specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverage. The Contractor is also solely responsible for obtaining and submitting all insurance certificates for any sub-Contractors. Compliance with the foregoing requirements shall not relieve the Contractor of the liabilities and obligations under this Section or under any other portion of this Agreement. The Contractor shall not commence any work and or services pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. SECTION 7 LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Agreement, Contractor and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. Contractor hereby expresses its willingness to enter into this Agreement with Contractor's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$10,000. 5 uocu ign tnveuope uu:u4ar(V44-auou-4ane-assts-rsu4umtouuuzu Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to the Contractor for damages in an amount in excess of$10,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28. Florida Statutes. SECTION 9 DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT; AND CONFIDENTIAL FINDINGS 9.1 DUTY OF CARE With respect to the performance of the Services contemplated herein, Contractor shall exercise that degree of skill, care, efficiency and diligence normally exercised by reasonable persons and/or recognized professionals with respect to the performance of comparable work and/or services. 9.2 COMPLIANCE WITH APPLICABLE LAWS In its performance of the Services, Contractor shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and the federal government, as applicable. 9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS Any work product arising out of this Agreement, as well as all information specifications, processes, data and findings, are intended to be the property of the City and shall not otherwise be made public and/or disseminated by Contractor, without the prior written consent of the City Manager, excepting any information, records etc. which are required to be disclosed pursuant to Court Order and/or Florida Public Records Law. All reports, documents, articles, devices, and/or work produced in whole or in part under this Agreement are intended to be the sole and exclusive property of the City, and shall not be subject to any application for copyright or patent by or on behalf of the Contractor or its employees or sub-Contractors, without the prior written consent of the City Manager. SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Contractor, and at any time during normal business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manager may. in his/her reasonable discretion and 6 uocusign tnvelope IU:U4151-/U44-UU5U-4M1-y:S31:S-1iU4l:Htb000ZU judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. Contractor shall maintain any and all such records at its place of business at the address set forth in the 'Notices°section of this Agreement. • 10.2 INSPECTOR GENERAL AUDIT RIGHTS (A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. • (B) The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records. contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design. bid specifications, (bid/proposal) submittals, activities of the Contractor. its officers, agents and employees, lobbyists. City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. (C) Upon ten (10) days written notice to the Contractor, the Contractor shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal)submittals, activities of the Contractor its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. (0) The Inspector General shall have the right to inspect and copy all documents and records in the Contractor's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions. financial documents, construction documents, (bid/proposal) and contract documents, back-change documents, all 7 UOCUJIgn tnvelOpe IU:U4151-(1:44-yU5U-4VA1-y331:1-1SU4l:HtbUULJZU documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. (E)The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this Agreement, for examination, audit, or reproduction, until three (3) years after final payment under this Agreement or for any longer period required'by statute or by other clauses of this Agreement. In addition: i. If this Agreement is completely or partially terminated, the Contractor shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Contractor shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation, or claims are finally resolved. (F) The provisions in this section shall apply to the Contractor, its officers, agents, employees, subcontractors and suppliers. The Contractor shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Contractor in connection with the performance of this Agreement. (G)Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Contractor or third parties. 10.3 ASSIGNMENT,TRANSFER OR SUBCONSULTING Contractor shall not subcontract, assign, or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager. which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement. nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this Section, and any attempt to make such assignment (unless approved)shall be void. 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Contractor shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.5 NO DISCRIMINATION In connection with the performance of the Services, the Contractor shalt riot exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age. disability. religion, income or family status. 8 uocuaign tnveiope tu:u4ar/1,44-auau-4ar%i-asap-isu4W\t000ILu Additionally, Contractor shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, and public services on account of actual or perceivedrace, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. 10.6 CONFLICT OF INTEREST Contractor herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County Code, as may be amended from time to time; and by the City of Miami Beach Charter and Code, as may be amended from time to time; both of which are incorporated by reference as if • fully set forth herein. Contractor covenants that it presently has no interest and shall not acquire any interest, directly or\indirectly, which could conflict in any manner or degree with the performance of the Services. Contractor further covenants that in the performance of this Agreement, Contractor shall not employ any person having any such interest. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 10.7 CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW (A) Contractor shall comply with Florida Public Records law under Chapter 119. Florida Statutes, as may be amended from time to time. (B) The term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. (C) Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the definition of"Contractor"as defined in Section 119.0701(1)(a), the Contractor shall: (1) Keep and maintain public records required by the City to perform the service; (2) Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Contractor does not transfer the records to the City; (4) Upon completion.of the Agreement; transfer, at no cost to the City, all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and 9 uocu ign Cnvelope iu:u'or/L,44-yuan-4aHI-a,s313-[Su4VHC000UZU maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. (D) REQUEST FOR RECORDS; NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Contractor of the request, and the Contractor must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) Contractor's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or(3)avail itself of any available remedies at law or in equity. (3) A Contractor who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. (E) CIVIL ACTION. (1) If a civil action is filed against a Contractor to compel production of public records relating to the City's contract for services, the court shall assess and award against the Contractor the reasonable costs of enforcement, including reasonable attorneys'fees, if: a. The court determines that the Contractor unlawfully refused to comply with the public records request within a reasonable time: and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Contractor has not complied with the request, to the City and to the Contractor. (2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to the Contractor at the Contractor's address listed on its contract with the City or to the Contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (3) A Contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. (F) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE 10 uocu ign tnvelope iu:u42SS-/t.:44-aubu-4aA1-W331:5-1:Su4t;AttiuuuZU • MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO(c MIAMIBEACHFL.GOV PHONE: 305-673-7411 • SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Contractor and the City listed below or may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. Until changed by notice, in writing, all such notices and communications shall be addressed as follows: TO CONTRACTOR: H.O.P.E. IN MIAMI DADE, INC., CIO Pedro Martinez, President 50 Biscayne Blvd.#1806 Miami, FL 33132. (305)785-3580 GodinMiami a,Gmaif.com TO CITY: Maria L. Ruiz, Department Director Office of Housing and Community Services 1700 Convention Center Drive, Miami Beach, Florida 33139 305-673-7491 MariaRuiz an.MiamiBeachfl.gov Notice may also be provided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. Notice shall be deemed given on the date of an acknowledged receipt, or. in all other cases, on the date of receipt or refusal. SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 11 UUUU.711gut CIIvetupt 11-1.U40rI1r44-yU.7U-4UM I-WJJD-DU4V/1C000ULU 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 WAIVER OF BREACH A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A party's waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 12.4 JOINT PREPARATION The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been a joint effort of the parties, the language has been agreed to by parties to express their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 12.5 ENTIRETY OF AGREEMENT The City and Contractor agree that this is the entire agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 12 uocuaign tnvelope iu:u4Gr/1,44-auou-4yHi-a.ssC-Cu4VHtouuuLu IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: DocuSigneedb�y: �1WtWt1� M..or4t,S By. 28CA18194070496... City Clerk City Manager Date: £ r > 2_,052-0 FOR CONTRACTOR: H.O.P.E. IN MIAMI DADE, INC., ATTEST: By: ‘.-• a . � eEVE(-NO PEDp_. A. r t RThu62- Print Name and Title Print Name and Title Date* f Goan I.. FrO iORG'AgrccmcnL:•Profiasiondl Sero ices •\greemrns 2(117 modified 12-19-21117 APPROVED AS TO 'ORM & 1G AGE & FOR XE7U U ION 13 Oily AI tone,/ Dol'L' uocusign Envelope ID:U42fI-R.;44-UUbU-4W\1-yS313-tSU4(.AEb000ZU Exhibit A Scope of Work-Services A. Services/Forms: Contractor will be providing rent and utility assistance services ("Services") to Miami Beach households referred by the Office of Housing and Community Services. Contractor will schedule referred clients for in person appointments where the Contractor will obtain executed consents and intake documents from each applicant utilizing the • forms provided by the City. Contractor will: 1. complete intake applications for referred residents; 2. ensure the execution of consents and releases, as required; 3. obtain copies of required back-up documentation, as required (including identification, income, leases and related documents) from assisted residents: 4. obtain executed Landlord Participation Agreement, IRS Form W-9 and Lease Addendum from the landlords of assisted properties; 5. review documents and applicant income to determine eligibility for assistance; 6. determine the amount of rent assistance to be provided for each applicant; and 7. issue and mail rent assistance checks to landlords on behalf of approved applicants. See Exhibit C for City Forms B. Eligibility Criteria for assisted households: The Contractor shall screen referred households for the following eligibility criteria: 1. City of Miami Beach residency; 2. Referral by the City of Miami Beach; 3. Rent arears no greater than 3 months; 4. Landlord consent to participate in rent assistance program; 5. Valid government issued identification documents; and 6. Income eligibility (no greater than 60% Area Median Income (AMI)for the household). C. Disbursements, Records and Reports: Contractor will provide the Services, based upon the approved Budget, attached hereto as Exhibit B. 1. The following expenses will be incurred in the delivery of these Services: 14 uocuJIgfl tnvelope IU:U421-/1:44-JUbU-43A1-y3S13-I51J4eAtbuuu U a. Administration Reimbursements (reimbursement for staff time required to perform the Services),for a total sum not to exceed $33,000.00 during the Term; and b. Rent and Utility Assistance(reimbursement for payments to Landlords and utility companies on behalf of eligible applicants), for a total 'sum not to exceed $295,350.00. 2. Funding Package: Contractor will be paid for Administration Reimbursements and Rent and Utility Assistance within the budgeted amounts, as invoiced. Contractor shall submit the following documentation with each reimbursement request: a. Invoices for expenses incurred; b. Copies of checks issued to landlord for rent payment; c. Cancelled checks corresponding to invoices for expenses incurred (back and front); The City recognizes that cancelled checks may not be available within 30 days of issuance. As such, cancelled checks are to be provided as soon as possible and reconciled against issuance ledger. d. Timesheets for those employees whose salary is being charged in whole or in part to this grant; e. Direct deposit and payroll records corresponding to the wages paid to employees in support of the program; and f. Monthly Progress Report, as defined in Section 5 herein. 3. Contractor will maintain the following records as evidence of expenses incurred in connection with the Services. a. Rent and Utility Assistance expenditures/records (i.e., Landlord Participation agreements, Utility invoices and cancelled checks; copies of applications for assistance with relevant back-up documentation including 3-Day Notices, Sunbiz Reports, and Office of the Property Appraiser property summaries); and b. Administration Reimbursement expenditures/records (i.e., days of operation and staffing levels). 4. Progress Report: Contractor shall complete the reporting form provided by the City, at minimum, by the 10'h day of the following month in which service is provided ('Monthly Progress Report'). Contractor may submit reports more frequently to ensure adequate cash flow to maintain ongoing disbursements. Reports shall include: a. progress of overall Services performed (included challenges); 15 Uocuslgn Envelope IU:1)481-1( 44-90bD-49A1-93313-I3U4UAEWUD2U b. balance of Budget (expenses and carry forward balance of remaining funds) c. list of eligible beneficiaries and frequency of service d. Such other additional documentation as the City Manager's designee may request, following receipt of the Monthly Progress Report, to document the progress of the Services. 5. Contractor will submit a report ("Final Report") no later than January 15, 2021, or 15 days after the Services have been completed, including: a. summary of overall Services performed b. final Budget c. list of eligible beneficiaries and frequency of Services d. Such other additional documentation as the City Manager's designee may request, following receipt of the Final Report, to document the Services performed. 16 uocusign tnvelope Iu:u4W-I( 44-Uubu-4M1-y3313-I3u4l;Attiuuu"Lu Exhibit B Budget Rent and Utility Assistance Program Contractor Fee $ 33,000.00 I Inspector General Fee(0.5%) City to $1,650.00 Disburse 1 Rent and Utility Assistance $295,350.00 Total Budget: $ 330,000.00 17 uocuslgn tnvelope IU:U461-I 44-UUbU-4UA1-V3:513-1:fU4(.ALbUUUZU HOPE in Miami Dade,Inc.on behalf of the City of Miami Beach Consent for Services (COVID-19 Rent & Utility Assistance) I, ,hereby provide consent to receive services from the City of Miami Beach, Office of Housing & Community Services. In accepting services, I hereby acknowledge that I am required to provide documentation as to the following: • Identification • Miami Beach Residency • Compliance to Funding Requirements for Eligibility(including income and status as an affected party) • Evidence of Financial Impact by COVID-19 • landlord Participation in the City's Rent Assistance Program I certify that the information provided is true and complete to the best of my knowledge and belief. I consent to the disclosure of such information for purposes of income and assets verification related to my application for financial assistance.I understand that any willful misstatement of material fact will be grounds for disqualification. I understand that the information provided is needed to determine eligibility and in no way assures qualification for assistance. I further agree to provide any other documentation needed to verify eligibility in the timeframe provided by the City(typically provided as a follow-up appointment). I understand that if I am unable to produce supporting documentation within the timeframe provided for your follow-up appointment, staff will move on to the next applicant. I acknowledge that the determination to extend assistance is solely at the discretion of the City of Miami Beach. I hereby acknowledge that Florida Statutes Section 817.03 provides that willful false statements or misrepresentation concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under§775.082 or§775.083. { APPiican[Name --^ Staff Name 4pWycantSqinatore RaHSva[we Date Date 4 • uocuslgn tnveiope lu:U4151-(L44-yUbu-4M1-96s1:f-tSu4l:Attiuuu-Lu HOPE in Miami Dade,Inc. on behalf of the City of Miami Beach Consentimiento Para Los Servicios (COVID-19 Asistencia de Alquiler y Servicios Publicos) Yo, ,day mi consentimiento para recibir servicios de Ia Oficina de Vivienda y Servicios Comunitarios de la Ciudad de Miami Beach. Al aceptar los servicios, por Ia presente reconozco que debo proporcionar documentacion sabre lo siguiente: • IdentificaciOn •Residencia en Miami Beach •Cumplimiento de los requisitos de financiacion para la elegibilidad(incluidos los ingresos y el estado coma parte afectada) • Evidencia de impacto financiero por COVID=19 • Participacion del propietario en el programa de asistencia de alquiler de Ia ciudad Certifico que la informacion proporcionada es verdadera y completa a mi leal saber y entender. Doy mi consentimiento para Ia divulgacion de dicha informacion para fines de verificacion de ingresos y activos relacionados con mi solicitud de asistencia financiera. Entiendo que cualquier incorrecci6n intencional de un hecho material sera motivo de descalificaciOn. Entiendo que Ia informacion provista es necesaria para determinar Ia elegibilidad y de ninguna manera asegura la calificaciOn para recibir asistencia. Ademas, estoy de acuerdo en proporcionar cualquier otra documentacion necesaria para verificar Ia elegibilidad en el plazo proporcionado por Ia Ciudad (generalmente proporcionado como una cita de seguimiento). Entiendo que si no puedo presentar Ia documentacion de respaldo dentro del plaza previsto para su cita de seguimiento,el personal pasara al proximo solicitante. Reconozco que la determinacion de extender Ia asistencia es unicamente a discretion de Ia Ciudad de Miami Beach. Por Ia presente, reconozco que el Estatuto de Florida Seccion 817.03 establece que las declaraciones falsas intencionadas o la tergiversacion sabre ingresos y activos o pasivos relacionados con Ia situacion financiera es un delito menor de primer grado y se castiga con multas y encarcelamiento previstos en§775.082 a§775.083. Apot.c M Name ""_..._____.__.............._.�.....__,..__....... ._____._. Stat Name Appi.cant SEgnatu'e j Staff Stratum • Care ....._ ____-__... Date _.....-. uocuaign tnvetope It):u4dr f kr44-auou-4 \I-U.S.Stl-t3U4L./ALOUUULU CI)BG and HOME RENTAL ASSISTANCE EUGIBILITY WORKSHEET Applicant(s): and Address: Unita: tamiry Household: 6 ' • AdinUi S Minors: 1 Financial Crosscheck %euar/Berk State.crert Ca ica Rent oas'T*a'ts*rated to Atmw.nts In...inns Casa QeossssA':.4Ura.as In piece,* tatest 3 Vontre Crecc.rg acct et Verna.fayPai.Cat.,app statements In then." Deo 3ere'ts tteve.ved Ir,Or,xcs, :vest 3 months Sarongs ACC% Cr prorets Sank Attount CW-ers in: In Fracas user•tytt.Cartract Wed{In.:,n(rcc Income&Assets ..... •.In bank account • Feb-70 Month 1 Month 2 Month 3 - - _ - - _ _ _. -_ 5 5 • s • s Checking Balance S S - S 5 • S • Sain's Balance S S S S130.OJ S 5 Total Earninss Cash Apo Balance S • S S • S SS _ _ . _ - 6,510.00 Stocks/Mutual Funds S - S 5 S S Certificates of Deposa S S • 5 S - Monthly Average Insurance proceeds S • -5 • S • S $ :5 . _.. - _ _ 2.170.00 Cash On Hand S SOO.ClO S • S S S Contractor income S 100 CO S S 5 5 - Income Level Other S S r S 1,040.00 S S S - .. -_ -__ . ._26.040.90. S S 5.000 DO S - 5 10.00 Total Assets S 600.00 5 5 s • s - Eligibility Through en 'iibte Rent Arrears S 2.800.00 5 5 - 5 5 • Income Level r,ome air{ - Assets flier Rent in Arrears test.j` *sae' 1 S S • S S • Select if month Month With No l!..............3....,..Arerr\•=,,/a+t<-.1.4P..•O,n....1.010...la la A. had no income: Income e,..<,.,� S 6.500.00 S S 10.00 EI'relbitity Requirements COBG HOME is the apolicant US.Citizen or permanent residents or granted legal Status(only for HOME)? YES immCigtbTasii i MAINS is the co-aophcant US Citizen or permanent resident or granted legal status, N/A 0/ is me applicant res.core of the City or Miami 8eaen7 YES +Tn=IIIKETOMINNI D.0 the aoo'.catn orov.de Ann certificates and social security cards for alt household members YES IIVIRIEIMMIIMIIIII 1111111LOPM1111111 was the rent current as 01 Marco 2020' YES 11.1116mitamm muillEratse>llIal Did cite atto4cant provide 3-Day Notice'ndkcaong rent arrears..•c ._. _ YES 11111MIKEIDAIIIIIM �7� Did the applicant prev,de endence of pp loss due to COVID•19' YES l�tEQrhlj I�t10o(01111- Did the Landlord wpmated a consents' YES IIMMIE(TJbTEIBIIIIII EITATe= Cho applicant provide bank and financial statemerts s YES iminaE(T ' ETtgt"M Dio Co•Adolicant provide bank and financial statements) YES 11111110TORMIIN' tireffillall Did applicant recened subsidy from auol:c mo,as•ng or Section 9 program) NO 1111111, Dia t«e apoiicant cave uhrttes past dues YES CEO/SHAPi Otner Benefits - YES Etig@lall111111E( I File Approval Is Applicant eligible for CDBG rent assistance disoursement' w� is Applicant eligible for HOME rent assistance disbursement' tF(C lig rorr.a,deo Co,orocess•ng Orr Staff.Name and Signature Date DocuSign Envelope ID:D48F7C44-905D-49A1-933B-BD4CAE600D20 Office of Housing & Community Services DATE: Monday, September 14, 2020 TO: Jimmy L. Morales, ity Manager FROM: Maria L. Ruiz ��� SUBJECT: Professional Service Agreement with Hope in Miami-Dade for Rent Assistance Routing os Alina Hudak Assistant City Manager For: (check the one that applies) Information Only Review and approval x City Manager's Signature Form Approval by City Attorney Other Comments: Professional Services Agreement for rent assistance for Tranche 3 which will be administered by HOPE in Miami Dade. Return to: Maria L.Ruiz @#6491 Date Needed: ASAP